Decree No. 2003 - 1057 Of 5 November 2003 On The Personalized Autonomy Allowance And Amending The Decrees No. 2001 - 1084 And No. 2001-1085 Dated November 20, 2001 And No. 2003-278, 28 March 2003

Original Language Title: Décret n° 2003-1057 du 5 novembre 2003 relatif à l'allocation personnalisée d'autonomie et modifiant les décrets n° 2001-1084 et n° 2001-1085 du 20 novembre 2001 et n° 2003-278 du 28 mars 2003

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Summary Modification of the art. 5, 11 and 13 of Decree 2001-1084; 3, 6, 7 and 20 of Decree 2001-1085 and 3 of Decree 2003-278.
Keywords Social Affairs, public health, person AGEE, providing social, provision of autonomy of those elderly allowance, personalized autonomy allowance, APA, funds of financing of the ALLOCATION custom of autonomy, FFAPA, EPA, loss of autonomy, person aged dependent, establishment of accommodation, help A home, support, allocation, ALLOCATION custom of autonomy A home, ALLOCATION custom of autonomy in establishment, rate, amount, beneficiary JORF n ° 258, November 7, 2003 page 19019 text no. 6 Decree No. 2003-1057 5 November 2003 relating to the allowance personalized autonomy and amending the decrees no. 2001 - 1084 and no. 2001-1085 dated November 20, 2001 and no. 2003-278 March 28, 2003 NOR: SOCA0324213D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/11/5/SOCA0324213D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2003/11/5/2003-1057/jo/texte Prime Minister, on the report of the Minister of Social Affairs, labour and solidarity, the Minister of the Interior internal security and local freedoms and the Minister of economy, finance and industry, having regard to the general code of territorial communities, including article L. 3321-2;
Having regard to the code of social action and families, including article L. 232 - 28;
Pursuant to law No. 2003-289 of 31 March 2003 on the amendment of Act No. 2001-647 of 20 July 2001 concerning support for loss of autonomy of the elderly and the allocation custom autonomy, including article 5;
Mindful of Decree No. 2001-1084 of 20 November 2001 relating to the modalities for the provision and financing Fund provided for by Act No. 2001-647 of 20 July 2001 concerning support for loss of autonomy of the elderly and the allocation custom autonomy;
Mindful of Decree No. 2001-1085 of November 20, 2001, on the implementation of Act No. 2001-647 of 20 July 2001 concerning support for loss of autonomy of the elderly and the allocation custom autonomy;
Mindful of Decree No. 2003-278, 28 March 2003 concerning the conditions for the allocation of the allowance personalized autonomy;
Having regard to the opinion of the local Finance Committee dated June 24, 2003;
The Council of State (social section) heard, enacts as follows: Article 1 more on this article...

Decree No. 2001 - 1084 20 November 2001 referred to above is amended as follows: i. - in article 5, the words: "pursuant to the third paragraph of each article L. 232 - 12 and L. 232 - 14 of the code of social action and families ' are replaced by the words:" pursuant to the third paragraph of article L. 232 - and - 12 and the sixth paragraph of article l 232 14 of the code of social action and families.
II. Article 11 is amended as follows: a. - the second paragraph of II is supplemented by the words: 'for a renewable term of three years. "
B. - The third paragraph of II is replaced by the following: "2 ° Executive Director of local communities, the Director of social security, the budget officer, Executive Director of public accounting, the Director-general of social action and Assistant Director-able to the Directorate-General of social action, or their representative.
C. - The fourth paragraph of II is deleted.
D. - 5 ° of the IV, it is added after a 6 ° as follows: "6 ° to allow the Director to subscribe the loan referred to in article L. 232 III - 21 of the code of social action and families. ''
E. - The VI is amended as follows: a) in the first paragraph, the words: "designated for three years" shall be deleted;
(b) second, third, fourth and eleventh paragraphs shall be supplemented by the words: "for three years."
(c) paragraph 8 is supplemented by the words: "appointed for three years.
III. Article 13 is amended as follows: a. - I, the words: ' annual expenditure planned at the 2 ° and 3 °» are replaced by the words: ' annual expenditure planned at 2 °, 3 ° and 4 °.
B. - C of 1 ° of the II, the words: "of the penultimate year ' shall be replaced by the words:"from the year.
C. - III, the words: "equal to 80%" shall be replaced by the words: "at least equal to 90%.


Article 2 more on this article...

Decree No. 2001 - 1085 of November 20, 2001 referred to above is amended as follows: i. - the second sentence of the second paragraph of article 3 reads as follows: "this acknowledgement mentions the date of registration of the full application. For beneficiaries accommodated in institutions mentioned in the fourth paragraph of article L. 232 - 14 of the social action and family code, the date of registration is the date of the entitlement. For beneficiaries residing in their home, the date of registration is run within two month limit to notify its decision to the president of the general Council, the opening date of the rights of the latter is defined as the date of the notification of this decision. "II. - in article 6, the words: 'the date of filing of the complete dossier' are replaced by the words:"the date of the entitlement.
III. - II of article 7 shall be replaced by the following: "(II). -Any undue payment is recovered by deductions from the amount of benefits accruing or, if the beneficiary is not eligible anymore allowance personalized autonomy, by repayment of the overpayment in one or several instalments. Deductions may not exceed, by payment, 20% of the amount of the allowance paid. However, the indus are not recovered when their total amount is less than or equal to the amount referred to in i.' IV. -In the first paragraph of article 20, the word: 'fourth' is replaced by: 'fifth '.


Article 3 read more on this article...

II of article 3 of the Decree of March 28, 2003 referred to above, the word: 'fourth' is replaced by: "Sevens".


Article 4 more on this article...

The Minister of the Interior, homeland security and local freedoms, the Minister of Social Affairs, labour and solidarity, the Minister of economy, finance and industry, the Minister delegate for budget and budget reform, the Minister for local liberties and the Secretary of State for the elderly are responsible, each in relation to , of the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on 5 November 2003.
Jean-Pierre Raffarin by the Prime Minister: the Minister of Social Affairs, labour and solidarity, François Fillon Minister of the Interior, internal security and local freedoms, Nicolas Sarkozy Minister for the economy, finances and industry Francis Mer the Minister delegate for the budget and budget reform, Alain Lambert the Minister delegated to local freedoms Patrick Devedjian the Secretary of State for the elderly, Hubert Falco

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